Section § 3960

Explanation

This law section states that if you are a placer mine operator with a permit from the California Debris Commission, this chapter's rules don't apply to you.

This chapter does not apply to any placer mine operator who holds a permit to operate from the California Debris Commission.

Section § 3961

Explanation

If you run a placer mine, which is a type of mining operation on or near a stream that feeds into the Sacramento or San Joaquin Rivers, you must file a confirmed report with the county recorder where your mine is located. Make sure to do this within 30 days of starting your mining activities.

Any person, firm, or corporation who engages in the operation of a placer mine on any stream or on the watershed of any stream tributary directly or indirectly to the Sacramento River or the San Joaquin River shall record a verified statement in the office of the county recorder of the county in which his or her mine is situated, within 30 days after the commencement of operations.

Section § 3962

Explanation

This section requires that a verified statement must be submitted by either the mining operator or someone authorized to speak for them. This statement needs to include a detailed description of the area to be mined using placer methods. The statement should list the names and addresses of both the landowners and the mine operators, explain the proposed mining technique, and describe how the operator plans to prevent stream pollution from their operations.

The verified statement shall be verified by the operator or by someone in his or her behalf and shall contain all of the following information:
(a)CA Public Resources Code § 3962(a) A description of the ground proposed to be mined by placer mining methods, described by United States government subdivisions if possible.
(b)CA Public Resources Code § 3962(b) The names and addresses of the owners of the ground.
(c)CA Public Resources Code § 3962(c) The names and addresses of the operators of the mine.
(d)CA Public Resources Code § 3962(d) The proposed means or method of placer mining operation.
(e)CA Public Resources Code § 3962(e) The means which the operator proposes to use to prevent the pollution of any stream by the effluent from the operations.

Section § 3963

Explanation

If you own or operate a mining property and either change your address, transfer ownership, or change who operates it, you must file a notice with the county recorder's office within 10 days. This notice should state the names and addresses of the new owners or operators.

Within 10 days after an owner or operator changes his or her address, or transfers the ownership or changes the operator of any mining property, a notice setting forth the names and addresses of the new owners or operators shall be filed in the office of the county recorder.

Section § 3964

Explanation

If you're involved in placer mining near streams that lead to the Sacramento or San Joaquin Rivers, you must follow two specific rules to prevent water pollution: 1) Build a large enough settling pond to clean the used water before it's released into the stream. 2) Use substances like aluminum sulphate and lime, or something similar, to make the solid waste in the water stick together so it doesn't contaminate the water supply for households.

No placer mining operator shall mine by the placer process on any stream or on the watershed of any stream tributary directly or indirectly to the Sacramento River or the San Joaquin River without taking both of the following precautions to prevent pollution of the stream by the effluent from his or her operations:
(a)CA Public Resources Code § 3964(a) Constructing a settling pond or ponds of sufficient size to permit the clarification of water used in the mining processes before the water is discharged into the stream.
(b)CA Public Resources Code § 3964(b) Mixing with the effluent from mining operations aluminum sulphate and lime, or an equivalent clarifying substance which will cause the solid material in the effluent to coagulate and thus avoid rendering the water in the stream unfit for domestic water supply purposes.

Section § 3965

Explanation

This law allows placer miners using dredging techniques to move their dredgers across a stream without making a settling pond if they believe the cost of doing so is too high. However, they must follow certain steps before crossing. They need to notify local water authorities at least seven days in advance if moving the dredger could affect water clarity. After that week, they have 48 hours to move the dredger, even if it temporarily makes the water cloudy. Once across the stream, they must follow existing rules as detailed in Section 3964(b).

Notwithstanding subdivision (b) of Section 3964, any placer miner who is operating by dredging process, and who desires to transport his or her dredger across a stream, may conduct the dredger across the stream without constructing a settling pond, if he or she is of the opinion that the expense of constructing settling ponds in the stream would be unduly heavy.
Before transporting the dredger, the operator shall use the following procedure:
(a)CA Public Resources Code § 3965(a) He or she shall give a notice of the intent to cross a stream to the clerk or the secretary of each city or district owning or operating a domestic water supply whose clarity is likely to be affected by the crossing operation.
(b)CA Public Resources Code § 3965(b) The notice shall be given at least seven days in advance of the date that he or she expects to cross the stream with the dredger.
(c)CA Public Resources Code § 3965(c) Upon the expiration of the notice, the operator may, during the following 48 hours, conduct the dredger across the stream even though some turbidity may be caused by the crossing operation.
(d)CA Public Resources Code § 3965(d) After crossing the stream, the operator shall comply with subdivision (b) of Section 3964.

Section § 3966

Explanation

If anyone—a person, a business, or a company—breaks the rules outlined in this chapter, it's considered a misdemeanor, which is a type of crime.

Any person, firm, or corporation who violates this chapter is guilty of a misdemeanor.

Section § 3967

Explanation

If you operate a placer mine in California without having the necessary permit, it's considered a public nuisance. This can be stopped by a legal action, which either the local district attorney or affected cities or districts can bring, especially if the mining makes local drinking water unsafe. The case will be handled in the county's superior court where the mining is happening, and the court can decide on the appropriate actions to stop the nuisance.

The operation of any placer mine on ground not covered by a permit issued to the operator from the California Debris Commission, without compliance with this chapter, is declared to be a public nuisance which may be enjoined upon suit brought by the district attorney of the county in which the operation has been conducted, or by any city or district whose domestic water supply is rendered unfit or dangerous for human consumption by the acts, or failure to act, of the operator.
The superior court of the county in which the operation is conducted has jurisdiction to hear and determine the action and to award relief as may be proper.

Section § 3968

Explanation

This law ensures that if anyone—whether a government entity or a private party—had the right to start a legal action or get a legal remedy before April 8, 1953, they still have that right today. It doesn't take away any rights or remedies that were available under the laws existing at that time.

Nothing in this chapter deprives the state, any city, county, district, person, firm, or corporation of any right to maintain any action or proceeding, in any jurisdiction, which it was entitled to maintain prior to April 8, 1953, or to receive or obtain in the action any remedy accorded to it under existing law.